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High Court of Gujarat

VALLABHBHAI MERVANBHAI PATELversusSTATE OF GUJARAT

Decided
Disposal
56-DISPOSED AT ADMISSION STAGE

Holding

The Court allowed the petitioners to make a fresh representation and directed the respondent to decide it within three months, without examining the merits of the pension claim.

Summary

The petitioners, Vallabhbhai Mervanbhai Patel & ors., filed a special civil application seeking a one‑increment benefit, revision of pension and retirement benefits, and payment of arrears with interest, along with a direction for the respondents to decide a fresh representation within a stipulated time. The petitioners relied on a Supreme Court decision dated 20‑Feb‑2025 in Union of India & Another v. M. Siddaraj. The High Court, without examining the merits, permitted the petitioners to make the representation within two weeks and directed Respondent No.1 to decide the representation within three months, issuing a reasoned order if adverse. The court emphasized that the order is based on the Supreme Court precedent and that the merits of the pension claim were not adjudicated. Consequently, the petition was disposed of with the procedural directions.

Issues considered

  • What entitlement, if any, do the petitioners have to a one‑increment benefit and revised pension under the applicable service rules?
  • Whether the High Court can direct the respondents to decide a fresh representation without examining the merits of the underlying pension claim?
  • Whether the procedural time‑frames prescribed by the Supreme Court precedent are applicable to the present petition?

Subjects

  • pension revision
  • increment benefit
  • fresh representation
  • procedural direction
  • Supreme Court precedent
  • High Court order

Judgment

     C/SCA/6289/2025                                ORDER DATED: 16/03/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CIVIL APPLICATION NO.               6289 of 2025

=====================================================
         VALLABHBHAI MERVANBHAI PATEL & ORS.
                        Versus
               STATE OF GUJARAT & ORS.
=====================================================
Appearance:
MR HB SINGH(2073) for the Petitioner(s) No.
1,2,3,4,5,6,7,8,9
MR HENIL SHAH ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3,4
=====================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                            Date : 16/03/2026

                               ORAL ORDER

1.             By way of this petition,              the petitioners

have     prayed        to   direct    the      respondents       to     grant

benefit of one increment to the petitioners as per

their       entitlement         and       consequentially,            direct

respondent         authorities       to   revise    the     pension           and

other retirement benefits to the petitioners and make

the payment of arrears with interest. The petitioners

have also prayed to direct the respondents to decide

the fresh representation in the stipulated time for

one increment as per the order dated 20.2.2025 passed



                                 Page 1 of 3
      C/SCA/6289/2025                                      ORDER DATED: 16/03/2026




by the Hon'ble Supreme Court.


2.              At the outset, learned advocate Mr. H. B.

Singh       states,           under    instructions,           that       at     this

juncture, as the issue is covered by the decision

dated        20.2.2025          of     the       Hon'ble      Supreme          Court

delivered in Misc. Application Diary No.2400 of 2024

in Civil Appeal No.3933 of 2023 in the case of Union

of    India       and     another       v.     M.    Siddaraj       and     as       the

petitioners also intend to make fresh representation

to the respondents, the respondents may be directed

to decide the said representation within some time

bound schedule, without examining the merits of the

matter.


3.              In view of the above submission, without

examining the merits of the matter, the petitioners

are      permitted            to      make      representation            to         the

respondent authorities within a period of two weeks

from      today         and    once     the      said   representation                is

received by the respondents, more particularly the

respondent No.1, the respondent No.1 is directed to

decide the said representation in accordance with law



                                       Page 2 of 3
       C/SCA/6289/2025                                                         ORDER DATED: 16/03/2026




keeping in mind the decision dated 20.2.2025 of the

Hon'ble Supreme Court delivered in Misc. Application

Diary No.2400 of 2024 in Civil Appeal No.3933 of 2023

in the case of Union of India and another v. M.

Siddaraj. In case if any adverse order is to be

passed by the respondent No.1, the respondent No.1 is

directed to pass a reasoned order and communicate the

said order to the petitioners by way of RPAD. The

respondent No.1 is also directed to decide the said

representation of the petitioners within a period of

three months from the date of receipt thereof.


4.                 With             the           aforesaid                   observation                     and

direction, the present petition stands disposed of.

It is made clear that this Court has not examined the

merits of the case.

                                                                          (NIRZAR S. DESAI,J)


Pallavi


 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 16/03/2026 18:01:32




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